keep a body of about 250 light troops on the lines, 150 on the upper side of Croton, patroling from Hudson's river to Pine's bridge and downwards occasionally, and 100 near Bedford. These I think will be sufficient to render the lines tolerably Secure.

I am much in Sentiment with your Excellency respecting the prisoners taken in arms, and will treat them accordingly.

Captain Sackett was unfortunately taken prisoner the morning of the 2d near Harrison's purchase, being at a little distance from his men. The enemy, soon after, about 45 horse, attacked Lieutenant Mosher with about 26 men, who made a most gallant defence, and defeated the enemy. Lieutenant colonel Holmes of Delancy's corps and captain Kipp had their horses shot under them-Kipp wounded [it is] said, mortally-one man killed and six or seven wounded, without having a man killed or wounded on our part.

Captain Williams of the levies has lately lost near twenty of his men by desertion home. He has apprehended seven of them. One of the principal offenders he has sent up here, and wishes he may be tried by a general court martial. But by the regulations of the army, although the levies and militia in Service are to be tried by the same rules and articles as the Continental troops, the court that tries them is to be composed of officers of the same denomination; and our levies and militia having gone home, it will not be possible to constitute a proper court to try him. He must, therefore, be tryed by a garrison or detachment court-martial, composed of the officers of the two companies, unless the laws of your State point out a remedy.

I have this evening received a letter from a lieutenant Solomon Pendleton, a gentlemen unknown to me. He represents

that he was eldest lieutenant in the 5th New York regiment commanded by colonel Dubois, that he was taken at fort Montgomery the 6th of October, 1777, and remained a prisoner until the 25th of last January, when he was duly exchanged, that during his captivity his character was injured by some groundless reports, in consequence of which he was deranged in the summer of 1778, but supposes himself restored by a resolution of Congress of the 24th of November, following-but that he declines doing any military duty until he convinces the public of the falsity of the reports which have been thrown out against him during his absence; and therefore requests a court of enquiry to investigate his conduct. Had he applied immediately upon his being exchanged, I should have thought his request ought to be granted. The length of time which has elapsed, raises some doubts in my mind. I wish to be informed, whether upon his being exchanged, he expressed his desire to return to the service, within the time mentioned in the resolve; and whether he is considered as standing eligible for a vacancy in the line of the State. I will thank you for an answer, and your opinion, as the whole is altogether novel to me.

I have the honor to be with the highest respect, Your Excellency's Most obedient Servant,

His Excellency Governor Clinton.

[No. 4203.]

Governor Clinton to General Heath-A Proposition to Adjudicate the Westchester Forage Cases.

His Excellency, the Govr. will approve of the Proposition made by Major Genl. Heath for appointing three Persons (one to be elected by Genl. Heath, one by the State agent & the third

to be chosen by the two so elected) for ascertaining the quantity of Forage consumed by the allied Army in Westchester County last Campaign on the following conditions, viz: first. It shall appear that the ordinary Certificates were withheld from the Proprietors of forage by the public officer, either because he did not conceive himself justifiable in granting them or for any other cause; that in such case the expence attend'g this Business shall be borne by the Public & the returns from the diff't. departm'ts of horses & cattle belonging to or for the use of the said Army, shall not be considered as conclusive evidence for ascertain'g the quantity of Forage consumed as afores'd, but such other circumstantial or presumptive evidence as the Parties may be able to offer shall also be rec'd. & have its due weight.

2dly. That in estimating the quantity of Pasturage, it shall be reduced to Hay accord'g to the ordinary Proportion having a due regard to its quality.

3dly. That as nearly as Circumstances will in the pres't case permit, the rules which have been ordinarily pursued by the public officers within this State for adjust'g Forage Accounts, where the quantity could not be ascertained with Precission, shall be adhered to in the pres't Instance.

Dec'r 8th, 1781.

[No. 4204.]

Governor Clinton Requests the Delegates in Congress to Secure Justice for Colonel Van Schaick Unless He Was Superseded for Misconduct.

Poughkeepsie, Decr. 8th, 1781.

Gents. Agreable to the concurrent Resolution of the Senate &

Assembly of the 30th Oct. & 1st of Novr. last, a Copy whereof